Circular No. 52/2015/TT-BCT detailing the activities of merchants in cross-border trade as stipulated in Decision No. 52/2015/QĐ-TTg dated October 20, 2015, of the Government on the management of border trade with neighboring countries.

CIRCULAR

Detailed regulations on cross-border trade activities

of traders pursuant to Decision No. 52/2015/QĐ-TTg dated October 20, 2015 of the Prime Minister on management of cross-border trade activities with neighboring countries

Pursuant to the proposal of the Director of the Department of Border Trade and Mountainous Areas,

The Minister of Industry and Trade promulgates this Circular detailing the cross-border trade activities of traders as stipulated in Decision No. 52/2015/QĐ-TTg dated October 20, 2015 of the Prime Minister on management of cross-border trade activities with neighboring countries.

Pursuant to Decree No. 95/2012/NĐ-CP dated November 12, 2012, of the Government, detailing the functions, tasks, powers, and organizational structure of the Ministry of Industry and Trade;

This Circular applies to Vietnamese traders; other agencies, organizations, and individuals involved in cross-border trade activities as stipulated in Decision No. 52/2015/QĐ-TTg.

This Circular details the cross-border trade activities of traders as stipulated in Decision No. 52/2015/QĐ-TTg dated October 20, 2015 of the Prime Minister on management of cross-border trade activities with neighboring countries.

This Circular applies to Vietnamese traders; organizations and individuals involved in cross-border trade activities as stipulated in Decision No. 52/2015/QĐ-TTg.

Article 1. Scope of Regulation

Article 3. Cross-border trade activities of traders

Article 2. Applicability

2. In cases where Vietnamese law or international treaties to which the Socialist Republic of Vietnam is a party provide that foreign-invested traders, foreign companies and their branches in Vietnam may engage in cross-border trade activities, such activities shall be carried out in accordance with the provisions of this Circular.

3. Based on the proposal of the Department of Industry and Trade, the People's Committee of border provinces shall seek the opinion of the Ministry of Industry and Trade regarding the list of traders eligible to conduct cross-border trade activities through secondary border gates and informal border crossings according to the following criteria:

2. Traders as specified in Clause 1 of Article 3 of this Circular submit one set of documents to the Department of Industry and Trade of the border province where the border gate or border crossing is located. The documents include:

a) Prioritize traders with registered business offices or independent accounting branches in border provinces.

b) Annually, the People's Committee of border provinces shall review the compliance of traders on the list with legal regulations to adjust and supplement the list.

Article 4. Documents and procedures for registration of cross-border trade activities through secondary border gates and informal border crossings

1. Traders specified in Clause 1 of Article 3 of this Circular shall directly register or send one set of documents via postal service to the Department of Industry and Trade of the border province where the secondary border gate or informal border crossing is located; the documents include:

a) Application form for cross-border trade activities through secondary border gates and informal border crossings as prescribed in Appendix I of this Circular.

b) Investment certificate or business registration certificate/trading registration certificate/business household registration certificate/cooperative registration certificate/federated cooperative registration certificate/branch activity registration certificate: one copy, certified true copy stamped by the trader.

2. Within five working days from the date of receipt of complete documents, the Department of Industry and Trade shall submit to the People's Committee of the border province for comments from the Ministry of Industry and Trade on the list of traders meeting the conditions stipulated by law to conduct cross-border trade activities through secondary border gates and informal border crossings.

3. Within five working days from the date of receipt of the document from the People's Committee of the border province, the Ministry of Industry and Trade shall issue its comments in writing on the list of traders eligible to conduct cross-border trade activities through secondary border gates and informal border crossings.

4. Within three working days from the date of receipt of the document from the Ministry of Industry and Trade, the People's Committee of the border province shall announce the list of traders eligible to conduct cross-border trade activities through secondary border gates and informal border crossings. In case of rejection, the People's Committee of the border province shall respond in writing to the trader and specify the reasons.

3. Within five (5) working days from the date of receipt of the document from the People's Committee of the border province, the Ministry of Industry and Trade shall send its written comments on the list of traders authorized to conduct trade activities through sub-border gates and border passages.

4. Within three (3) working days from the date of receipt of the document from the Ministry of Industry and Trade, the People's Committee of the border province shall publish the list of traders authorized to conduct trade activities through sub-border gates and border passages. In case of refusal to select a trader, the People's Committee of the border province shall respond in writing to the trader and specify the reasons.

Article 5. Goods traded across borders by traders

1. Goods traded across borders by traders shall be carried out in accordance with Clause 1 of Article 6 of Decision No. 52/2015/QĐ-TTg.

2. Exported goods through secondary border gates and informal border crossings: Products that are natural resources, minerals, price-stabilizing goods, and goods without a Certificate of Origin from Vietnam can only be exported through secondary border gates and informal border crossings during specific periods announced by the People's Committee of the border province.

3. Imported goods through secondary border gates and informal border crossings:

a) Belong to the list specified in Appendix II of this Circular.

b) In cases where goods imported outside the list specified in Appendix II of this Circular are only allowed to be imported through secondary border gates and informal border crossings during specific periods announced by the People's Committee of the border province.

4. The People's Committee of the border province is responsible for seeking opinions from the Ministry of Industry and Trade on the specific goods and time periods for goods exported or imported as stipulated in Clause 2 and Point b of Clause 3 of this Article.

Article 6. Secondary border gates and informal border crossings implement cross-border trade of goods by traders

1. The People's Committee of the border province establishes a list of secondary border gates and informal border crossings within the province that meet the conditions set forth in Clause 2 of Article 7 of Decision No. 52/2015/QĐ-TTg, which are permitted to engage in cross-border trade of goods by traders.

2. In cases where secondary border gates and informal border crossings become congested due to overload or blockage, the People's Committee of the border province will manage and apply measures to ensure:

a) Priority export of fresh food products, perishable agricultural products, and other export goods; or

b) Temporary suspension of exports of goods without a Certificate of Origin from Vietnam; or

c) Temporary suspension of imports of goods.

Article 7. List of goods traded across borders by traders

The list of goods traded across borders according to Clause 2 of Article 9 of Decision No. 52/2015/QĐ-TTg shall be implemented in accordance with the model specified in Appendix III of this Circular.

Article 8. Implementation organization

1. The Department of Border Trade and Mountainous Areas - the Standing Office of the Central Steering Committee for Border Trade, in accordance with its functions and tasks, shall take the lead and coordinate with units under the Ministry of Industry and Trade to perform the following tasks:

a) Organize the receipt of documents requesting opinions from the People's Committees of border provinces regarding the cross-border trade activities of traders as stipulated in this Circular.

b) Organize guidance and inspection of organizations and individuals implementing the provisions of this Circular and related laws on cross-border trade of goods by traders.

2. The Department of Industry and Trade - the Standing Office of the Provincial Steering Committee for Border Trade shall assist the People's Committees of border provinces in performing the following tasks:

a) Organize the management of cross-border trade activities of traders within their jurisdiction as stipulated in this Circular.

b) Receive registration files of traders engaging in cross-border trade through secondary border gates and informal border crossings as stipulated in this Circular.

c) Implement information reporting to the Ministry of Industry and Trade on cross-border trade activities of traders on a monthly, quarterly, six-monthly, and annual basis, or ad hoc reports as required.

3. Traders and other organizations and individuals involved in cross-border trade activities shall be responsible for complying with the provisions of this Circular.

Article 9. Effective Date

1. This Circular takes effect from February 15, 2016, and abolishes the following regulations:

a) Circular No. 13/2009/TT-BCT dated June 3, 2009, issued by the Ministry of Industry and Trade on import and export of goods through secondary border gates and informal border crossings outside border economic zones.

b) Provisions on cross-border trade of goods by traders in Joint Circular No. 01/2008/TTLT-BCT-BTC-BGTVT-BNN&PTNT-BYT-NHNN dated January 31, 2008, issued by the Ministry of Industry and Trade, Ministry of Finance, Ministry of Transport, Ministry of Agriculture and Rural Development, Ministry of Health, and State Bank of Vietnam guiding the implementation of Decision No. 254/2006/QĐ-TTg dated November 7, 2006, issued by the Prime Minister on managing border trade activities with neighboring countries.

2. During the implementation process, if there are difficulties, obstacles, or new issues arising, relevant agencies, organizations, and traders engaged in border trade shall report in writing to the Ministry of Industry and Trade (Department of Border Trade and Mountainous Areas - the Standing Office of the Central Steering Committee for Border Trade) for timely consideration and resolution./.

 

ANNEX I

MODEL APPLICATION FOR IMPLEMENTATION OF CROSS-BORDER TRADE ACTIVITIES THROUGH SECONDARY BORDER GATES AND INFORMAL BORDER CROSSINGS
(Attached to Circular No. 52/2015/TT-BCT dated December 30, 2015, issued by the Minister of Industry and Trade)

 

APPLICATION FOR IMPLEMENTATION OF CROSS-BORDER TRADE ACTIVITIES
THROUGH SECONDARY BORDER GATES AND INFORMAL BORDER CROSSINGS

Respected: Department of Industry and Trade of the Province …

- Name of trader: …

- Registered business address (or Branch): …

- Telephone:…Fax:…Email:…Website:…

- Business Registration Certificate number:... issued by …on …

- Main business sector:…

Based on Circular No. 52/2015/TT-BCT dated December 30, 2015, issued by the Ministry of Industry and Trade detailing the activities of cross-border trade of goods by traders in Decision No. 52/2015/QĐ-TTg dated October 20, 2015, issued by the Prime Minister on the management of border trade activities with neighboring countries,... ⁽¹⁾ we request the People's Committee of the province ... to permit the implementation of cross-border trade activities through secondary border gates and informal border crossings. ⁽²⁾……./.

_______________________

¹ Write the name of the trader

² Write the name of the secondary border gate or informal border crossing where the trader registers to conduct trade.

ANNEX II

LIST OF IMPORTED GOODS THROUGH SECONDARY BORDER GATES,

INFORMAL BORDER CROSSINGS
(Attached to Circular No. 52/2015/TT-BCT dated December 30, 2015, issued by the Minister of Industry and Trade)

 

ANNEX III

MODEL TRANSACTION RECORD FOR CROSS-BORDER TRADE

OF BUSINESS ENTITIES
(Attached to Circular No. 52/2015/TT-BCT dated December 30, 2015, issued by the Minister of Industry and Trade)

 

TRANSACTION RECORD FOR CROSS-BORDER TRADE GOODS

No.: …/BK-…

BUYER/SELLER: (Name of trader)

- Address: ...

- Telephone: …Fax: …

(in capital letters)

- Bank account number: …

- Authorized representative: …

SELLER/BUYER: (Name of trader)

- Address:

- Website:

- Account (if any):

- Authorized representative:

(Name of trader) have agreed on the purchase and sale of goods with partner ... with the following contents:

1. Name of goods, quantity, price

2. Delivery method

- Delivery conditions: …

- Delivery location: …

- Delivery time: …

3. Payment

- Payment method: …

- Currency for payment: …

- Payment deadline: …

4. Specifications and quality of goods

5. Other contents

(Name of trader) hereby undertake responsibility under the law for the authenticity of the transaction contents stated in this record and commit to comply with relevant laws and regulations.